Study On The Judge Responsibility System In Tang Dynasty

The judge responsibility system is not only one of the contents of the feudal autocracy social administrative management system in China,but also an important part of the ancient lawsuit laws and administrative laws.The establishment and development of the judge’s liability system is also a process of continuous improvement of ancient Chinese society civilization and legal civilization.The connotation of ancient Chinese legal culture is also reflected in this system.In the feudal society of China,the litigation system of the Tang Dynasty was relatively well-developed.Among them,the responsibility system of judges has been established in the Tang Dynasty after thousands of years of development,and has become a closely rigorous,mature and perfect legal system.In order to maintain autocratic rule,the rulers of the feudal society adopted the penalties as a common means.Such as "Tang Law Shuyi" : "penalties can not be reached in the country,you must not abandon your home." But the use of punishment is often part of the judge to perform their duties,then the judge is impartial law enforcement,due diligence on the penalty can be effective and reasonable The use of it has an important influence.Therefore,the feudal rulers established a system of judge responsibility and required the judicial bureaucrats to adjudicate cases that must be judged according to law and acted in accordance with the law.They must not rely on the law to adjudicate,otherwise they would have to bear the consequences of corresponding responsibilities.This article is based on the judge’s responsibility system in the Tang Dynasty.It defines the concept as the starting point in theory,and it has different definitions for the judiciary and the judge in different periods of the modern and the Tang Dynasty.The author elaborated and combed the origin of the responsibility of the judges in the Tang Dynasty,summarized the provisions in the Tang Dynasty’s legal literature,and was mainly embodied in such books as Tang Law Shuyi,Tang Liudian and Tang Da Zhaoling..Judging from the contents of the responsibility system for judges in the Tang Dynasty,the division of subjects on the basis of central and local standards is divided into the central judicial organs and corresponding judges,local judicial organs,and corresponding judges.In terms of specific content,it mainly includes legal responsibility in the process of admissibility,legal liability in the trial,legal liability in execution,and joint liability.The content of each legal liability is not a single category,but includes different situations.The right must be held responsible,even if there is a corresponding mechanism for the accountability of judges in ancient China.First,in the form of accountability,it can be summarized as administrative liability,criminal liability,and economic compensation liability.Each responsibility is subdivided.Second,in the institutions that are investigated,in the Tang dynasty,the general investigative body for the responsibility of judges is Yushitai.However,imperial power and higher authorities also have the power to hold responsible persons responsible.As an excellent legal system in ancient times,the responsibility system of the judges in the Tang Dynasty had its historical background.At the same time,it also had a significant impact on the Tang Dynasty.The current responsibility system for modern judges is also constantly exploring reforms and improvements.The historical value of the judges’ responsibility system in the Tang Dynasty is summarized.Combined with the current trend of judicial reforms in China,the accountability system for judges in the Tang Dynasty also has value in thinking in the new era.